Cole

Cole v. Doe 1 Thru 2 Officers of Emeryville Police Department

Bad Law

387 F. Supp. 2d 1084·2005 WL 2122051·2005 U.S. Dist. LEXIS 25648

United States District Court, Northern District of CaliforniaSeptember 1, 2005C-03-5643 EMCCalifornia9,524 words

Opinion

Chen, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Docket No. 57)

Plaintiff Paul D. Cole has filed suit against Defendants the City of Emeryville, Officer Edward Mayorga, and Officer Robert Alton for violation of his civil rights. More specifically, Mr. Cole has sued the individual officers for violation of § 1983 (the right to be free from unreasonable searches and seizures and to equal protection); violation of California Civil Code § 52.1 and the California Constitution, article I, § 13 (the right to be free from unreasonable searches and seizures); battery; and false imprisonment. Mr. Cole has sued the City for a § 1983 violation (the right to be free from unreasonable searches and seizures). Currently pending before the Court is Defendants’ motion for summary judgment.

Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS in part and DENIES in part the motion for summary judgment.

I. LEGAL STANDARD

Federal Rule of Civil Procedure 56(c) provides that summary judgment shall be rendered “if the pleadings, depositions, answers to inteiTOgatories, and admissions on…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.